Penalties for Second DUI in Arizona

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In Arizona, a person’s second DUI charge can bring many harsh penalties. A mandatory minimum punishment is enforced in many cases, especially when there’s a prior conviction for your first DUI offense. Despite the experience one gains from having a previous DUI conviction, remaining educated on the pitfalls of a second DUI offense is a responsible choice. That means staying aware of all the consequences associated with second DUIs.

A drunk driving DUI attorney can help you stay current regarding penalties for a second DUI offense. The Law Office of Hernandez & Hamilton, PC specializes in handling DUI cases, whether it be a first-time offense for a DUI in Arizona or an aggravated DUI. 

Whether you’re dealing with a first-time DUI offense, or a DUI charge with a history of prior felony convictions for DUI, third offense, or another DUI offense in Arizona, or maybe you’re solely interested in restoring your driver’s license privileges, we’re the Arizona law firm to handle your case.

With quality legal guidance from our firm, second-offense DUI charges that could have meant serving jail time can be reduced to minimum punishments and even dismissed. Call us today to schedule a meeting to discuss your first offense, second, or third offense. A free consultation on what sort of legal options are available for a regular DUI versus an extreme DUI and how to protect yourself under Arizona law.

What Constitutes a DUI in Arizona?

In Arizona, a DUI is established if there’s even the slightest impairment due to alcohol or drugs while operating a vehicle or if the individual’s BAC (blood alcohol concentration) registers at 0.08% or above during an alcohol screening.

Further examination reveals that multiple types of DUIs exist, each of which is governed by a specific set of guidelines. 

The following are different types of DUIs in Arizona:

  • Standard DUI- Blood Alcohol Concentration (BAC) of 0.08% or more
  • Commercial DUI- it is illegal to drive with a BAC of 0.04% or higher.
  • Underage DUI- Any Detectable BAC is unlawful. Zero tolerance. 
  • Extreme DUI- BAC of 0.15% or more
  • Super Extreme DUI BAC of 0.20% or more
  • Drug DUI- Illegal to drive impaired by drugs 
  • Aggravated DUI- Repeat offenders and more

Being convicted of any of these for the first time constitutes a prior DUI. Being convicted of any of these within seven years of the first conviction equals a second DUI. Any DUI conviction that happens more than seven years after the next isn’t treated as a subsequent DUI. Second-offense convictions are essential due to the mandated jail terms attached here. 

Penalties For Facing A Second Offense DUI Felonies and Misdemeanors

Second-offense DUI charges and the associated penalties are a category unto themselves. In Arizona, a second DUI offense committed within seven years of a first DUI conviction will be charged as a second offense DUI. A primary characteristic of a second DUI conviction in Arizona is an escalation in the harshness of punishment, especially around repeat felony DUI charges.

However, it should be noted that not all second DUI convictions are felony convictions. The difference in minimum penalties for misdemeanors and felonies should be emphasized. Misdemeanor second DUI conviction charges are listed as ‘standard, extreme,’ and ‘super extreme’ and can carry the following penalties: 

  • 30 Hours of Community service.
  • Fines and fees 
  • Maximum six months sentence. 
  • An individual must serve a minimum of ninety days in jail, with thirty days being served consecutively.
  • One-year license suspension, or Interlock Restricted License after 90-day suspension. 
  • One year of conditional Ignition Interlock Device (IID)
  • Probation up to 5 years
  • Substance abuse counseling and screening  
  • Traffic Survival School

Felony DUI charges, aka aggravated DUI charges, come with different consequences, especially when dealing with repeat offenses. These penalties often include at least some days in jail. For example, a minimum prison term of four years is mandatory. Fines may exceed $4,500, and your driver’s license may be revoked for up to three years. 

Impact of a DUI on Insurance Rates

Insurance rates are affected by DUIs. Once you have a DUI conviction, insurance companies will flag you as a “high-risk,” which will, in turn, raise your premiums. Some insurance companies may cancel your policy or decide not to renew it. A prior DUI conviction will also severely limit your insurance options, as certain insurers will be hesitant to cover you. 

Additionally, an SR22 Car Insurance Policy is mandated for a minimum of 3 years at your expense. Along with fines, fees, and mandated education and rehabilitation programs that may require completion to be eligible for some policies, it’s plain to see that the impact of a second offense DUI in Arizona on insurance rates includes being expensive and inconvenient.

Options for Legal Defense and Reducing Penalties

One DUI charge is bad enough, but for anyone facing two DUIs and everything that comes with it, the services of a merited, reputable defense attorney are of great value. The correct defense attorney will fight to get your DUI charge dismissed, use plea negotiations to avoid the harshest convictions, and seek to prevent you from ever doing a day in jail. 

When facing an unavoidable second DUI conviction within seven years, plea negotiations can help keep you out of jail. A successful plea bargain can make the difference between a first-time offense and serving time in jail or prison. 

Criminal defense lawyer with client in handcuffs

Here are some things your defense attorney can arrange for you:

  • Supervised probation
  • Higher fines
  • Ignition Interlock Devices (IIDs)
  • Rehab
  • Community service
  • Educational programs
  • Home detention and more

Without a defense attorney, it’s doubtful that you can plea yourself into probation for an aggravated DUI. This is especially unlikely with a previous DUI conviction on your record. It would help if you had a defense lawyer for that, and then you might stand a fighting chance, which you’ll need because jail time for a second DUI is usually mandatory in Arizona. 

Learn about the severe penalties for a second DUI in Arizona and how Hernandez & Hamilton, PC can provide legal defense or assistance in reducing the consequences. Find important information on fines, jail time, ignition interlock device requirements, and more. Furthermore, brush up on topics like penalties for a second DUI with trained legal professionals. 

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